The Music Video License Agreement is essential for businesses seeking to legally acquire and exploit music video content within Hong Kong's jurisdiction. This document is typically used when a rights holder (such as a record label or production company) wants to grant permission to another party to use, distribute, or broadcast a music video. The agreement needs to comply with Hong Kong's Copyright Ordinance, Broadcasting Ordinance, and related regulations while addressing modern digital distribution requirements. It covers crucial elements including rights granted, territory restrictions, payment terms, technical specifications, and usage limitations. The document is particularly important given Hong Kong's position as a major media hub in Asia and its strict intellectual property protection framework.
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1. Parties: Identification of the licensor (typically the music video owner/producer) and licensee (the party receiving rights to use the music video)
2. Background: Context of the agreement, identifying the music video and establishing the parties' authority to enter into the agreement
3. Definitions: Key terms used throughout the agreement, including 'Music Video', 'Territory', 'Term', 'Licensed Rights', 'Revenue', etc.
4. Grant of Rights: Specific rights being licensed, including platforms, territories, and methods of distribution
5. Term and Territory: Duration of the license and geographical areas where the rights can be exercised
6. License Fees and Payment Terms: Financial terms, including upfront fees, royalties, payment schedule, and accounting requirements
7. Delivery and Technical Specifications: Requirements for video format, quality standards, and delivery method
8. Usage Restrictions: Limitations on how the music video can be used, including prohibited modifications or contexts
9. Credits and Attribution: Requirements for displaying artist, songwriter, and production credits
10. Representations and Warranties: Parties' assurances regarding rights ownership, clearances, and authority to enter agreement
11. Termination: Circumstances allowing early termination and consequences
12. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Marketing and Promotion: Requirements and restrictions for promotional use of the music video, included when licensee has promotional rights
2. Editing Rights: Terms regarding permission to edit or create alternative versions, included when editing rights are granted
3. Sub-licensing Rights: Terms for granting rights to third parties, included when sub-licensing is permitted
4. Moral Rights: Specific provisions regarding moral rights protection, particularly important for civil law jurisdictions
5. Digital Rights Management: Requirements for technological protection measures, included for digital distribution
6. Revenue Share: Detailed revenue sharing terms, included when agreement involves revenue sharing instead of flat fees
7. Audit Rights: Right to audit licensee's books and records, included for revenue-share deals
8. Exclusive Rights: Terms regarding exclusivity, included when license is exclusive
1. Schedule 1 - Music Video Details: Detailed description of the music video, including title, artist, duration, and production details
2. Schedule 2 - Technical Specifications: Detailed technical requirements for the music video delivery and acceptable formats
3. Schedule 3 - Territory List: Comprehensive list of countries/regions where license applies
4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, royalty rates, and payment terms
5. Schedule 5 - Approved Platforms: List of approved distribution platforms and channels
6. Appendix A - Credit Requirements: Detailed requirements for artist, songwriter, and production credits
7. Appendix B - Reporting Ƶ: Ƶ for usage reports and royalty statements
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